¹Wahda Zainal Imam, ²Husen Alting, ³Suwarti

¹,²,³Lecturer, Faculty of Law, Universitas Khairun Ternate

DOI : https://doi.org/10.47191/ijsshr/v4-i10-52

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ABSTRACT

This study examines default due to the covid-19 pandemic, which is a force major that can cancel a banking credit agreement and to analyze the conditions for a force major to cancel a banking credit agreement made by the parties. The study was conducted using the case approach used in this paper, aiming to examine and analyze the application of norms or rules carried out in legal practice, especially cases related to working capital credit agreements that experienced bad credit due to force majoure circumstances. The results show that the cancellation of the agreement on banking credit due to the Pandemic -19 is a relative "force majaure" which means that this relative "force majaure" the debtor is considered capable of returning to its original state or in other words the debtor is considered to still have the ability to fulfill the contents agreement when the Pandemic-19 situation has ended. As for the condition that a force majeure can cancel the banking credit agreement made by the Parties, that is, if the parties in the agreement clause specify using any event that is included as "force majaure" if the Pandemic-19 is stated in the agreement as "force majaure" then one of the parties can postpone or cancel the agreement.

Keywords

Default Compensation, Force Majouere, Banking Credit Provider, Covid-19.

References

Books and Journals
1) Agus Yudha Hernoko, 2010, Covenant Law; The Principle of Proportionality in Commercial Contracts Jakarta: Kencana.

2) Martha Noviadiya, 2010, Journal: Legal Protection for Creditors in Credit Agreements with Mortgage Guarantees, Faculty of Law, Sebelas Maret University, Surakarta, (accessed February 1, 2021).

3) Munir Fuady, 2001, Contract Law from the View of Business Law, Bandung: Citra Aditya Bakti.

4) Rani Apriani and Hartanto, 2019, Banking and Securities Law, Jakarta: DeepPublish.

5) Ronny Hanitijo Soemitro, 1988, Legal and Jurimetric Research Methods, Jakarta, Alumni.

6) Sentosa Sembiring, 2008, Banking Law, Bandung: CV. Forward Mandar.

7) Soerjono Soekanto, 2014, Author of Legal Research, Jakarta, Univ Indonesia

8) Subketi, 1995, Various Agreements, Bandung: Citra Aditya Bakti.
Laws and regulations
1) Civil Code (KUHPerdata)

2) Law Number 10 of 1998 concerning Banking;

3) Perppu Number 1 of 2020 concerning State Finance Policy and System Stability

4) Finance for Handling the 2019 Corona Virus Disease Pandemic;

5) Presidential Decree Number 12 of 2020 concerning the Determination of Non-Natural Disasters for the Spread of Covid 19.

VOlUME 04 ISSUE 10 OCTOBER 2021